Sunday, June 19, 2011

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  • chanduv23
    11-20 08:54 PM
    I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.

    Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer




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  • jonty_11
    07-06 01:18 PM
    Forgot in a hurry, it is updated now
    no problem buddy, I just dont want u getting caught plagializing....just kidding!

    Hope for thebest..I am hoping rumors abt accepting all July applications turn out true




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  • santb1975
    05-24 01:44 PM
    :confused:




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  • sroyc
    07-11 01:25 PM
    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.

    Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!



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  • vdlrao
    06-10 04:26 PM
    My PD is Dec. 04, and my I-485 was filed during the july fiasco in 2007. My PD was current since March 08 until it will become "unavailable" in June 08.

    My attorney got update from Nebraska SC in May stating "Your case is in queue for green card." Now what will happen to my case since EB-3 ROW will be unavailable in June? Does that mean an IO once opened my file after March and will close it without processing any further because of the change in the June Visa Bulletin?

    I am confused. Please share your insights and experiences.
    Thank you.

    Your PD in EB3 for ROW will be back into track in October 2008 as its said in the current visa bulletin dated Jul 2008 for EB3 preference. So once it is back to current in October then the new visa numbers will be alloted. Then you will get your GC. So just wait till October to receive your GC confirmation.
    Good Luck!!!




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  • Lacris
    08-12 12:53 AM
    one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years

    What BEC? BECs were established in March 2005.



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  • sagis99
    08-08 11:56 AM
    I contacted my local HR dept, and asked for their support, but i'm not sure what will come out of it. if they agree, i'll file the form next week.




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  • somegchuh
    01-03 04:16 PM
    It really depends on who you ask. But my point is if you decide to stay in US in the long run, aren't immigrant divided between their kids and their parents?
    I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.


    qualified_trash,
    In your case I think the decision is very clear cut. Also, it works really well for you, in the sense that you are not "divided". If your parent and siblings have already left the country you have no reason to go back ever.


    yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.

    also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))



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  • nixstor
    04-30 03:07 PM
    SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before @001 pd's.:mad:

    Aytes said " We are moving towards processing based on the shift in priority dates"

    what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status




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  • deba
    09-09 12:50 PM
    Contributed $300 for rally. Go IV!

    Deb
    Contrib $600 so far + $300 for rally
    EB2 India PD 03/05
    I140 09/07
    I485 07/07



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  • sinhakavinash
    07-26 03:44 PM
    I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".

    Any suggestions??




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  • ashutrip
    06-20 10:49 AM
    Delays at DOL PERM Processing Center in Atlanta to End Soon!
    Posted May 11, 2007
    �MurthyDotCom
    A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
    �MurthyDotCom
    Personnel Reassigned to H2B Cases
    �MurthyDotCom
    We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
    �MurthyDotCom
    Changes Expected in the Near Future
    �MurthyDotCom
    Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.
    may 11 was five weeks back......its third week of june right now!!!
    Still no favorable movements...I do not wanna miss this July deadline....I am sure dates for EB3 will retrogress in August.....then ticket to India and UAE!!
    Americas loss will be UAE's gain



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  • diptam
    08-13 05:19 PM
    Everytime i Open IV this Non-value added thread rolls up in the Top.

    Why dont you close this - Unnecessary arguments are wasting everyone's Time !!


    please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...




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  • JazzByTheBay
    11-28 10:53 AM
    You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.

    Pankaj

    Instead, one can say "... could take up to 20 years".

    I am afraid, as we all are, that this certainly will be the case down the road with retrogression.

    Perhaps it may be a good idea to mention that with economies of countries like India on an accelerated growth path, these highly educated, skilled and experienced professionals that are an asset to America are increasingly preferring to (or seriously thinking about) returning to their home countries.

    Another scenario - 20-25 years down the road, America will no longer be a leader any more given the growth of India and China. To sustain the technological and economical leadership of America, it is critical that we act now and fix a broken immigration system, and grant those legally here for a number of years, with approved Green Card petitions the pride of actually becoming permanent residents and eventually citizens as quickly as possibly.

    Jazz



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  • ssss
    08-11 03:08 PM
    I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters




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  • chanduv23
    05-18 03:39 PM
    ANOTHER UPDATE

    I just spoke to Congressional office and this is what she has to say:

    Quote"""""""""""

    I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.

    """"""""""""""Unquote

    But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.

    I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.

    God save AC21............

    That is a standard message. Basically yur 485 has been reopened. Unless your priority date is current there is nothing much they can do, but if there is a need for RFE, they will send you RFE.

    Congratulations. This is a standard message your case has been reopened. You must celebrate this moment.

    Unless your MTR is approved, your case does not get reopened. So your MTR is also approved - usually they do not update those messages on the online system properly and thats why we do not see them.



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  • miththoo
    03-04 01:08 PM
    I too noticed soft LUD on 485s last week for me and my wife




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  • ind_game
    05-13 11:37 PM
    Did you ever apply for EAD / AP?

    I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009




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  • braindrain
    07-15 05:11 PM
    Mailed Cheque for $10




    sands_14
    09-28 11:27 PM
    Can all of us at least send a joint request/letter to Rep Lofgren to ask USCIS to formalise a procedure for re-capture of visa numbers?I guess USCIS can do this without any senate approvals.At least ,this will decrease retrogression a little.Any major reform looks unlikely anyways till year 2009...




    minimalist
    09-15 11:34 AM
    I guess gctest is right. He too can try and interfile...provided he is as zealous on his cause to get a GC. In the time a EB3 applicant works fulltime and gets a master's degree by doing part-time. GCTest (Who is either highly qualified by means of a MS degree or was generate experience letters of 5+ years), in EB2 category can work on PhD and get a NIW..and thus be a ble to interfile....Thats current. Or Maybe GCTest's logic is that he does not want to excell in his professional training(qualification) and life bcos by doing that he will be jumping from EB2 to EB1 and he does not want to do the unethical :-)

    :)

    Every few days another person comes along with a lot of enthu saying they found another issue with the USCIS process that they want to correct.Which is extremely legtimate in the narrow specifics of their particular case. A while ago sunny_surya started a thread with same topic and now not to be seen anywhere. These activities with narrow scope won't have any room for success and will not have any visibility either if the folks at the other end of the stick (EB3 in this case) , the thread will just die withing few days. The only initiatives that have any chance for success are the ones that address the concerns of the community as a whole.
    Just focus your energies on recapture instead of trying to educate these highly skilled people with lowly functional brains.

    --
    I am an EB3 with May 2006 PD, without any intention to port. It is too much of a headache in my opinion given the delays at 140.



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